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Terms of Service

Effective as of: October 14, 2022

PLEASE READ THIS AGREEMENT CAREFULLY.  THE WEBSITE AND THE LINKS TO OFFERINGS HEREIN (EXCEPT AS MAY BE DISCLOSED) ARE OWNED AND OPERATED BY BIZ WOMEN ROCK, LLC DBA WOMEN’S MEDITATION NETWORK.  BY VISITING THIS WEBSITE AND UTILIZING ANY OFFERING OR RESOURCE FOUND HERE, YOU UNDERSTAND AND AGREE TO THIS CONTRACT FOR THE TERMS OF SERVICE (THE “USER AGREEMENT”) AND IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR CONTINUED USE OF THIS WEBSITE, SUCH AS YOUR GRANTS AND WAIVERS OF RIGHTS (INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION), THE LIMITATIONS OF OUR LIABILITY, YOUR INDEMNITY OF US, AND OUR ARBITRATION OF CERTAIN DISPUTES.

 

Welcome to www.womensmeditationnetwork.com (hereinafter, the “Website” and/or “WMN”).  This Website is owned and operated by Biz Women Rock, LLC, a Florida limited liability company.  By visiting our Website and utilizing any information or resources found here or otherwise provided by us, you understand and agree to these Terms and Conditions as set forth in this User Agreement along with all terms as set forth in our Privacy Policy (see below).  It also applies to your use of all features, widgets, plug-ins, applications, content, downloads, and/or other services that we own or make available and/or that post a link to this User Agreement, regardless of how you access such content.  If you do not agree to this User Agreement, you should discontinue all use of this Website and all offerings as provided through this Website.

 This User Agreement is effective as of October 14, 2022 and thereafter.  We reserve the right to modify this User Agreement without notice to you other than updating the effective date.  Your continued use of this Website after a date as set forth here, constitutes your continued agreement to this User Agreement.  If you are under the age of majority in your jurisdiction of residence, you may use this Website only under the supervision of a parent or guardian who agrees to this User Agreement to be responsible for use.

 In some instances, both this User Agreement and separate additional terms and conditions applicable to a specific offering will apply to your use of such specific offering (“Additional Terms”).  To the extent there is a conflict between this User Agreement and any applicable Additional Terms, the Additional Terms shall prevail unless specifically stated otherwise in the applicable Additional Terms.

 We provide this Website to offer access to various podcasts and other products and services, and in some cases, third party products and services, and other tools as well as links to other sources of what we believe to be beneficial things (collectively, the “Website Content”).  The Website Content is provided “as-is” and without any warranty of fitness for any particular purpose other than as expressly stated or that the Website Content will be available as and when you need.  You agree to use the Website Content only for the purposes intended as permitted by this User Agreement or applicable law and agree to make your own independent evaluation of any particular Website Content as being appropriate for your purposes.  WMN does not guarantee that any Website Content will be error-free or available without interruption.

WEBSITE CONTENT, OWNERSHIP, LICENSE, AND THIRD PARTY RIGHTS

 The Website Content may be updated frequently, including adding to, and/or removing from, listings and offerings at any time at our sole discretion.  At any given time, the Website Content may contain materials and other items relating to WMN, its mission and products and services, and other items from our licensors, affiliates and other third parties, including but not limited to, all website layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Website, and the compilation, assembly, and arrangement of the materials displayed on the Website and any and all copyrightable material (including source and object code), trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of WMN and/or its affiliates, licensors or certain other third parties (collectively, “Trademarks“), and other forms of intellectual property (all of the foregoing, collectively, the “WMN IP”).  The Website (including all past, present, and future versions) and the Website Content and the WMN IP are owned or controlled by WMN and/or its affiliates, licensors or certain other third parties.  All right, title, and interest in and to the Website Content and or WMN IP available via the Website is the property of WMN and/or its affiliates, licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, right of publicity, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. WMN owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Website Content on the Website.

Subject to your strict compliance with this User Agreement and any Additional Terms as applicable, WMN grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use the Website Content as directed (which may include downloading a copy of a podcast for temporary storage only and streaming audio files and a single device download and storage of the mobile app for your individual personal use), display, view, use, play the Website Content on a personal computer, browser, laptop, tablet, mobile phone or other wireless device, or other Internet-enabled device (each, a “Device”), and/or print one personal-use copy of the Website Content (excluding source and object code in raw form or otherwise, and excluding streaming audio files) as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Website Content, and (ii) may be immediately suspended or terminated for any reason, in WMN’s sole discretion, and without advance notice or liability. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this limited license or any Website Content to anyone else.  You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast, or circulate any Website Content to any third party without the prior written consent of WMN and/or its licensors.  You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify any aspect of the Website Content. In some instances, we may permit you to have greater access to and use of Website Content, subject to certain Additional Terms.

In using the Website Content, you agree to respect the intellectual property and other rights of WMN and our affiliates and other third parties. Your unauthorized use of Website Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.  WMN respects the intellectual property rights of others.  If you believe that your work has been infringed by means of an improper copying, posting or distribution of it via the Website Content, then please see our DMCA Takedown Notice and other Intellectual Property Notice of Alleged Infringement sections below.  This section and your grant of a limited license includes only narrow, limited rights to personal use of the Website Content and no right or license may be construed, under any legal theory, by implication, estoppel, or otherwise and all rights not expressly granted in the limited license contained herein are expressly reserved to WMN and its affiliates, licensors or other third parties, as applicable.

USER ACCESS AND INTERACTION RULES

 WMN may provide the Website Content at different levels of accessibility, some being without charge, some with associated charges and some with greater degrees of charges, or recurring charges, all as set forth.  You also may be required to set up an account and you are responsible for all activity that occurs under your account.  The Website Content may offer the opportunity for you to create, post, upload, or otherwise make available for display through the Website Content, comments, messages, text, audio recordings, ratings, and other material of your own contribution (“User Generated Content”).  In providing any User Generated Content, you agree that WMN has an irrevocable, assignable, perpetual right to use, copy, modify, display, create derivatives of, exploit in any manner whatsoever, refuse to post or remove from posting, and otherwise make available or make unavailable on the Website Content your User Generated Content and further that you alone are responsible to insure that your User Generated Content is your own and does not infringe any third party right.  By accessing and using the Website Content and/or providing any User Generated Content, you agree to the following:

 

  •   Accessing (or attempting to access) any Website Content by any means other than through the means we provide is strictly prohibited.
  •   You will pay us any associated fees, if any, in connection with any access level as set forth and as ordered by you.  Certain purchases of products or services, or Podcasts may carry with it additional terms, renewal terms, and the like, and such shall be considered Additional Terms related to that product or service purchase.  Certain purchases may cover a product or service access for a certain period of time, or may purchase access to a specific title for no specific duration.  Periodic purchases auto-renew until cancelled at the then prevailing rate for the same period as previously purchased.  Since most of our offerings are non-tangible, irrevocable materials, we do not offer refunds for products or services purchased.  You may cancel any auto-renewal of any service and your access will remain until the end of the then current period until cancellation takes effect.  As a customer, you are responsible for understanding this upon purchasing any Website Content.  However, we do realize that exceptional circumstances can arise with regard to functionality or other unforeseen issues and therefore, we invite you to contact us if you have any questions about a particular purchase.
  •   All information you provide to us (name, email, etc.) are all accurate, correct and up-to-date
  •   You are responsible for maintaining the confidentiality of any passwords or other details of your account you use to access the Website Content (provided any such leak of information is not the result of a compromise of our website security)
  •   You will not engage in any activity that disrupts or interferes with our Website functionality or security, including the servers and/or networks through which the Website Content is accessed
  •   You will not copy, duplicate, reproduce, re-sell, trade, or otherwise violate any of our ownership interest in any of the Website Content
  •   You are solely liable for any consequences, damages, or other losses that we may directly or indirectly incur or suffer due to any prohibited activity on your part or perpetrated through your account
  •   You will not solicit from anyone, or provide through your account, anything that is illegal or reasonably deemed offensive or immoral and you will not upload, post, share, or otherwise distribute any content that is illegal, threatening, defamatory, abusive, fraudulent, racist, or otherwise containing any inappropriate language or improperly impersonates any third-party or misappropriates any third-party owned material (and when direct messaging any other user, you will not threaten or harass them and will always treat everyone with whom you interact with the utmost respect)
  •   WMN is not responsible for the acts or omissions of any third party with whom you have contact or otherwise interact through our Website Content and you alone are responsible to conduct your own due diligence in connection with any third party information provided to you
  •   You agree to indemnify and hold harmless WMN and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
  •   You understand and agree that any claim you may have against us is limited to the amount you paid, if any, for use of the Website Content and WMN is not liable for any direct, indirect, incidental, consequential, or exemplary damages which may be incurred by you as a result of using the Website Content, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply
  •   You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website, including the Website Content, with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Website Content we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
  •   You understand that any User Generated Content may be publicly displayed and therefore should not contain any personally identifiable information of yourself or others that should not be disclosed on a public forum (such as social security numbers, medical information, credit card numbers, etc.)  Your user Generated Content should also not contain any viruses, Trojan horses, malicious code, or any other content intended to disrupt the Website or impermissibly obtain information surreptitiously, nor should it contain any automated means to interact with the Website or others.  With regard to any User Generated Content that you upload to WMN, you represent and warrant that you are the sole author and owner of the intellectual property associated with same and have the full and unfettered right to upload such User Generated Content and do so without infringing the rights of any third party and WMN’s use of such user Generated Content will not infringe the rights of any third party.  WMN may legally take any action it deems appropriate in response to the posting of any User Generated Content, although we have no obligation to monitor or review such content. 
  •   Your use of a wireless Device, or any Device requiring an Internet connection or other data download capability in order to access any Website Content is your responsibility and any charges related to the use of a Device are between you and your Device service provider, even if WMN sends you messages or alerts regarding Website Content.
  •   You will not use the Website or any Website Content in a manner that is against the specific instructions and limitations as set forth, or in any manner, solicit others, use meta tags or any other ‘hidden test’ utilizing any trademarks, or engage in any activity that might reasonably be deemed offensive, vulgar, or obscene, or make any attempt to disrupt, damage, reverse engineer, or modify any Website Content or otherwise cause harm to the Website.

THIRD PARTY OFFERINGS; ADVERTISMENTS

The Website Content may contain postings or links to advertisers or other third party offerings that are not owned or controlled by WMN (the “Third Party Services”).  WMN may include Third Party Services as part of its Website Content because WMN is paid to do so, or because WMN believes the Third Party Service provides a benefit to its community or for any other reason.  While WMN does take pride in assembling the collection of Third Party Services made available through the Website Content,  WMN does not assume any obligation   to review or approve any Third Party Service offering and expressly disclaims any endorsement or approval of any particular Third Party Service and provides all access to each and every Third Party Service “as-is” and WMN is not responsible for the quality or delivery of any product or service ordered through any Third Party Service.  WMN is not liable for any direct, indirect, incidental, or special losses or damages, whether arising from negligence, breach of contract, defamation, infringement of any other right, and you may be subject to the terms and conditions of such Third Party Service.  WMN cautions you to perform any due diligence with respect to any Third Party Service prior to use of their products or services that you believe necessary or desirable.  All dealings between you and any Third Party Service are solely between you and them and WMN specifically disclaims all liability for any interaction you have with a Third Party Service, even if we have provided your contact information to them at your direction.  You hereby agree to indemnify, defend and hold harmless WMN from and against all liabilities, claims, causes of action, and/or damages including without limitation, attorney’s fees, arising out of your interaction with a Third Party Service.

LAW, DISPUTE RESOLUTION, LIMITATION OF LIABILITY AND CLASS ACTION WAIVER

This Website is controlled by Biz Women Rock, LLC from our offices located in the state of Florida, USA. It can be accessed by most countries around the world.  As each country has laws that may differ from those of Florida or of the US, by accessing our Website, you agree that the statutes and laws of Florida, and of US federal law, as applicable, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.  Moreover, any action to enforce this User Agreement, except as stated specifically in this section relating to arbitrable events, is to be brought in the federal or state courts located in Florida, US and you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

UNLESS OTHERWISE EXPRESSED IN WRITING AS TO ANY SPECIFIC WEBSITE CONTENT OR OTHER MATERIAL, WMN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Any controversy, allegation, dispute or claim arising from the Website Content, this User Agreement or any Additional Terms relating to any intellectual property claim shall be adjudicated as set forth above, while all other claims (those not relating to intellectual property) shall be subject to this paragraph.  First, the claiming party shall send a written notice to the non-claiming party providing a reasonable explanation of the claim and a proposed resolution.  The parties shall then have sixty (60) days to engage in good faith negotiations to resolve the claim.  If the claim cannot be resolved through good faith negotiations, then ANY AND ALL SUCH DISPUTES (I.E., ALL DISPUTES NOT INVOLVING INTELLECTUAL PROPERTY AND AFTER EXPENDING 60 DAYS GOOD FAITH NEGOTIATIONS) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION IN CONNECTION WITH CONSUMER ARBITRATION.  The parties understand and acknowledge that the rules governing arbitration are different than those in court.  Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court.  The parties understand and agree that they are relinquishing their right to a trial in court, either with or without a jury.  The parties shall agree on a single arbitrator and in the absence of an agreement, shall each select an arbitrator who shall then select a single third arbitrator to hear and rule on the Claim(s).  The decision of the arbitrator shall be final and may be entered into any judgment in any court of competent jurisdiction.  The parties shall share equally the cost of the arbitration and each party shall bear his own legal fees.  Provided however, the arbitrator may, at their discretion, award a prevailing party a recovery of their reasonable legal fee.

Other than intellectual property claims, to the fullest extent not prohibited by law, you and WMN agree to bring any dispute within one (1) year of such claim arising (or when it should reasonably have been known to have arisen) or it will be forever barred.

Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.  YOU AND WMN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  There shall be no right or authority for any claim to be arbitrated on a class action basis or on any basis involving claims brought to a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.  But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in to arbitrate above will not apply and the claim must be brought exclusively in court pursuant to the first paragraph of this section above.  Notwithstanding any other provision of this section, any and all issues relating to the scope, interpretation, application and enforceability of this section, including the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.

LAW, DISPUTE RESOLUTION, LIMITATION OF LIABILITY AND CLASS ACTION WAIVER

This Website is controlled by Biz Women Rock, LLC from our offices located in the state of Florida, USA. It can be accessed by most countries around the world.  As each country has laws that may differ from those of Florida or of the US, by accessing our Website, you agree that the statutes and laws of Florida, and of US federal law, as applicable, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.  Moreover, any action to enforce this User Agreement, except as stated specifically in this section relating to arbitrable events, is to be brought in the federal or state courts located in Florida, US and you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

UNLESS OTHERWISE EXPRESSED IN WRITING AS TO ANY SPECIFIC WEBSITE CONTENT OR OTHER MATERIAL, WMN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Any controversy, allegation, dispute or claim arising from the Website Content, this User Agreement or any Additional Terms relating to any intellectual property claim shall be adjudicated as set forth above, while all other claims (those not relating to intellectual property) shall be subject to this paragraph.  First, the claiming party shall send a written notice to the non-claiming party providing a reasonable explanation of the claim and a proposed resolution.  The parties shall then have sixty (60) days to engage in good faith negotiations to resolve the claim.  If the claim cannot be resolved through good faith negotiations, then ANY AND ALL SUCH DISPUTES (I.E., ALL DISPUTES NOT INVOLVING INTELLECTUAL PROPERTY AND AFTER EXPENDING 60 DAYS GOOD FAITH NEGOTIATIONS) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION IN CONNECTION WITH CONSUMER ARBITRATION.  The parties understand and acknowledge that the rules governing arbitration are different than those in court.  Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court.  The parties understand and agree that they are relinquishing their right to a trial in court, either with or without a jury.  The parties shall agree on a single arbitrator and in the absence of an agreement, shall each select an arbitrator who shall then select a single third arbitrator to hear and rule on the Claim(s).  The decision of the arbitrator shall be final and may be entered into any judgment in any court of competent jurisdiction.  The parties shall share equally the cost of the arbitration and each party shall bear his own legal fees.  Provided however, the arbitrator may, at their discretion, award a prevailing party a recovery of their reasonable legal fee.

Other than intellectual property claims, to the fullest extent not prohibited by law, you and WMN agree to bring any dispute within one (1) year of such claim arising (or when it should reasonably have been known to have arisen) or it will be forever barred.

Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.  YOU AND WMN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  There shall be no right or authority for any claim to be arbitrated on a class action basis or on any basis involving claims brought to a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.  But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in to arbitrate above will not apply and the claim must be brought exclusively in court pursuant to the first paragraph of this section above.  Notwithstanding any other provision of this section, any and all issues relating to the scope, interpretation, application and enforceability of this section, including the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.

DISCLAIMERS AND LIMITATIONS

YOUR ACCESS TO THE WEBSITE AND USE OR INTERACTION WITH THE WEBSITE CONTENT IS AT YOUR SOLE RISK TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW.  ALL WEBSITE CONTENT IS PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY OF ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCESSIBILITY.  WMN AND ITS AFFILIATES, MANAGERS, EMPLOYEES AND AGENTS HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, IN CONNECTION WITH, OR OTHERWISE RELATED TO THE WEBSITE CONTENT, ITS FUNCTIONALITY, ACCESSIBILITY, ACCURACY, SECURITY, AVAILABILITY, OR WHETHER YOUR USE OF THE WEBSITE CONTENT IS LEGAL IN ANY PARTICULAR JURISDICTION.

 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WMN SHALL NOT BE LIABLE UNER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIOAL LOSSES OR DAMAGES, EVEN IF SUCH LOSSES OR DAMAGES ARE FORESEEABLE OR WMN HAS BEEN ADVISED OF THE POSSIBILITY OF SAME, IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR USE OR INABILITY TO USE THE WEBSITE AND THE WEBSITE CONTENT, OR ANY ERRORS OR OMISSIONS WITH RESPECT TO THE WEBSITE FUNCTIONALITY.

 THE FOREGOING DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU AS CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AND NOTHING HEREIN IS MEANT TO CIRCUMVENT SUCH LAWS OR AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT MAY APPLY TO YOU.

MISCELLANEOUS

If any provision of this User Agreement or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from this User Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this user Agreement or the applicable Additional Terms (which will remain in full force and effect). To the extent not prohibited by applicable law, you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any applicable Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit this User Agreement.

When you communicate with WMN electronically, such as through the Website, via email and/or text message, you consent to receive communications from us electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any applicable legal notice requirement that such communications be in writing. You agree that any time you electronically transact, agree or consent via the Website is intended to be an electronic signature which binds you as if you had signed on paper.

WMN reserves the right, without limitation and without any obligation, to investigate any suspected breaches of this User Agreement, the Website or its security, or any misuse of Website Content and to use and/or disclose any information obtained by WMN in connection with the forgoing or to comply with law enforcement requests or legal requirements in accordance this User Agreement, our Privacy Policy or legal requirements and to prosecute violators of this user Agreement and any applicable Additional Terms.

WMN may assign its rights and obligations under this User Agreement and any applicable Additional Terms, in whole or in part, to any party at any time without any notice to you. This User Agreement and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of WMN.

This User Agreement and any applicable Additional Terms, reflect our complete agreement regarding the Website, the Website Content and WMN’s offerings and your use of same and supersede any prior agreements, representations, warranties, assurances or discussion related to the subject matter hereof. Except as expressly set forth in this User Agreement or any applicable Additional Terms, no failure or delay by you or WMN in exercising any right will operate as a waiver of that or any other right and no waiver or modification of any term of this User Agreement or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

Notice to California Consumers

California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our Privacy Policy.  Any California residents under the age of eighteen (18) who have registered to use the Website or access Website Content, and who have posted content or information on the Website, can request that such information be removed from the Website by contacting us by email at hello@womensmeditationnetwork.com or by mail at 4832 W. Kennedy Blvd #130, Tampa, FL 33609, and making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable, good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

TERMS APPLICABLE FOR APPLE IOS.

If you are accessing or using the Website through an Apple Device, see below for Additional Terms and conditions that are applicable to you and that form a part of this User Agreement.

  1. To the extent that you are accessing the Website through an Apple Device, you acknowledge that this User Agreement is entered into between you and WMN and, that Apple, Inc. (“Apple“) is not a party to this User Agreement other than as third-party beneficiary as contemplated below.
  2. The limited license granted to you herein is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms that are applicable to the Website.

iii. You acknowledge that WMN, and not Apple, is responsible for providing the Website and Website Content.

  1. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Website.
  2. To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Website.
  3. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this User Agreement, and that, upon your acceptance of the terms and conditions of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you as a third-party beneficiary thereof.

vii. When using the Website, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Website.

DMCA NOTICE

Claims of Copyright Infringement and Related Issues

We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:

  1. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
  3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint;
  4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.  WMN may send the information you provide to the person(s) who you allege provided the allegedly infringing work.  They may elect to send us a Counter-Notice.

If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is written communication that incorporates the following elements:

  1. A physical or electronic signature of the poster;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  4. Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is located outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.

Notices of the foregoing copyright issues should be sent as follows:

By mail:

Biz Women Rock LLC dba Women’s Meditation Network

4532 W. Kennedy Blvd #130

Tampa, FL 33609

By e-mail: hello@womensmeditationnetwork.com

If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov.

Claims for other than Copyright Infringement

If you own intellectual property other than copyright that you believe is being infringed by an improper posting of distribution through the Website, then you should follow the steps above for a DMCA Notice, but explaining in reasonable detail what the alleged other than copyright infringement is, and provide as much detail and documentary evidence of such infringement as possible,  We will act on such notices as in our sole discretion we deem reasonable under the circumstances.

PRIVACY POLICY

Biz Women Rock, LLC, a Florida limited liability company, DBA Women’s Meditation Network® (“We” or “WMN”), owns and operates the www.womensmediationnetwork.com website (the “Website”) and manages the content, services, and offerings contained thereon and access to various podcasts and other products and services, and in some cases, third party products and services, and other tools as well as links to other sources of what we believe to be beneficial things (the “Website Content”).   By using our Website, accessing the Website Content, and continued use and access, you consent to this Privacy Policy. 

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. To be in line with Fair Information Practices we will notify you via email within 72 hours, as feasible, should a data breach occur: We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.  This Privacy Policy is intended to be compliant with all applicable law and has been compiled to better serve those who are concerned with how their “Personally Identifiable Information” (or “PII”) is used by WMN.  PII, as described in US and EU privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a singe person, or to identify an individual in context.  WMN does not use or share your PII with anyone except as described in this Privacy Policy.  This Privacy Policy does not apply to information collected via means other than through our Website.

We collect information from you when you register on our Website, create an account, utilize our Website Content, whether paid or free, or otherwise interact with us through this Website.  When creating an account or accessing our Website Content, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, location, phone number, credit card information, and desired password or other PII capable of personally identifying you.  You may, however, use our Website without registering, although some content and/or sections may become inaccessible. When using mobile applications, registration and/or login may be required to access the materials.  We do not collect any PII related to any religious or political beliefs, your race or ethnicity, your sex life or sexual orientation, genetic or biometric data, information about your health, or information about any trade union memberships.  We may collect information relating to analytics to collect technical data that includes your IP address, details about your browser, length of time spent on our Website, pages viewed, and the number of times you visited our Website.  We may process this data to analyze your use of our Website and the Website Content in order to provide more relevant content to you and facilitate your visits to our Website.

Like most websites, we use cookies to enhance your experience, gather general visitor information, and track visits to our website.

We may use your PII in any of the following ways:

  •   To personalize your experience with our Website
  •   To improve our Website experience in general
  •   To improve our customer service and to provide you with customer service
  •   To process transactions you have authorized
  •   To send you correspondence and administer and provide the Website Content to you

 

We protect your PII in the following ways:

  •   We never sell, rent, exchange, or share your PII with any other company or third party without your consent.  Provided however, we do provide PII as necessary to trusted third parties who help us administer our Website and provide the Website Content and the disclosed Third Party Offerings, and in each such instance, those third parties are required to respect the security of your PII and adhere to the law (but always see the separate privacy policies of third parties when only a link to such third party is provided and you are asked to provide PII directly to them). 
  •   We implement a variety of security measures to maintain the safety of your personal information when you submit a request, place an order or enter, submit, or access your personal information.  These security measures may include: password protected directories and databases to safeguard your information, SSL (Secure Sockets Layered) technology via HTTPS urls to ensure that your information is fully encrypted and sent across the Internet securely or PCI Scanning to actively protect our servers from hackers and other vulnerabilities.  We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.  We are GDRP compliant.
  •   We do not retain your PII indefinitely.  We retain your PII for only as long as is necessary for the purposes as set forth in this Privacy Policy.  We retain and use your PII to the extent necessary to comply with our legal obligations, to resolve disputes, enforce our legal agreements and policies, and carry out our obligations to you, or as required to retain such PII to comply with applicable tax laws and other data retention laws.

 

We may provide third-party vendors with aggregated, encrypted and de-identified data that is not capable of personally identifying any specific individual.  We may provide your PII when we believe release is appropriate to comply with the law, enforce our Website policies, or protect ours or others’ rights, property, or safety.  

WMN will only use your PII for the purposes described in this Privacy Policy or as subsequently authorized by you. You may opt out of this Privacy Policy at any time by providing us with written notice and terminating your account.  When we receive such a notice, subject to our prior legal and contractual restrictions, of which we will advise you of, if any, and subject to a reasonable timeframe within which to accomplish the task, we will terminate your access to the member areas of the Website and Website Content, delete your profile and all stored PII.  Any act on our part prior to the receipt of such a notice is subject to this Privacy Policy.  We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), and as such, we do not knowingly collect any information from anyone under 13 years of age.  This Website and the Website Content are all directed to people who are at least 13 years old or older.  We have taken precautions to ensure that we are compliant with the CAN-SPAM Act of 2003 by never knowingly sending out misleading information.

Do we use cookies?

We use only functionality cookies that allow us to provide our users with some user conveniences, such as your site preferences and personalized features.  However, they are anonymous and do not track your browsing activity across other websites.  Websites that only use functionality cookies (such as this one), may be used with implied consent and your continued use of this Website and the Website Content is your implied consent to our use of functionality cookies only. 

Contacting Us

If there are any questions regarding this Privacy Policy or any of the Terms and Conditions, you may contact us using the information below.

Biz Women Rock, LLC

DBA Women’s Meditation Network

4532 W. Kennedy Blvd. #130

Tampa, Florida 33609

katie@womensmeditationnetwork.com